Ask a Law Question, Get an Answer ASAP!
Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today. I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.
Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible. I look forward to assisting you in this matter.
I am taking a break for 30 mins but will deal with this as soon as I return. Thank you.
Is Jon Doney's wife still alive?
As his wife is still alive, then from the page you have sent me I do not see that he is inheriting anything at this point.
If they have received a sum of money then your husband wold be due the same under this will, however the will seems a little vague and does not state that money was to change hands only that they were providing the nil rate to them and not any sums of money. However if this has been interpreted to be the cash sum of the nil rate band, he should be due the same.
If she predeceased him he would be entitled to it, which I though was the case, but may have read that wrong. As I said the Will is a bit vague, but at this point I don't think he is due anything, I did note that it mentions the wife's will reflects the same, so when she passes away he should be entitled to inheritance, but that would, of course, depend on the wording of the Will. Can I ask how much she inherited?
This is what I thought as this is the maximum taxa allowance for the estate, so it has been used up.
Sorry let me just look at this again, so you are saying the wife is still alive, and the sister has inherited £325k is that correct.
Ok so firstly, think that the phrase "subject as above" is poor and should be "subject to above" however, none the less, they have stated that the full bracket legacy be. given to Jaquelline, then "as above" to your husband. You can only gift the maximum amount once! Meaning it speaks to the intention that if they have gifted the full bracket to Jacqueline, it would only be conceivable that Jon would inertial it should Jaqueline predecease him. Therefore, as the wife is still alive, I don't think he is entitled to inherit this. However, please do feel free to. put this up for a secondary opinion, however as Jaqueline has inherited £325k, this does seem to be the case I am afraid.
Please do feel free to put this up for a secondary opinion to be sure, there is an option on this website, someone may disagree with me, but I think I am right. If someone does disagree then you could look at legal enforcement should I be wrong, but I don't think I am.
I wish you all the best.